1. Applicant's Name: a. Application Date: 30 May 2018 b. Date Received: 25 June 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a change to narrative reason for discharge. The applicant seeks relief contending, in effect, that the applicant should not be punished nor restrained for furthering a career with the type of discharge received. The applicant was involved in two IED explosions in 2002 and 2003. During those periods, the applicant had made complaints of loss of memory, migraines/headaches, and sleepless nights. The applicant deployed a number of four times in over nine years of service. The applicant was never treated nor afforded the opportunity for medical treatment. The applicant has been diagnosed with 80 percent service connected disability for TBI, PTSD, Depression, and Sleep Insomnia /Apnea. During the discharge from the Army, the applicant had not been involved in behavior problems, altercations or run-ins with the law. The applicant has worked for Alaska Department of Health and Social Services as a case manager and obtained a Bachelor's Degree in Human Services. The applicant has been a productive citizen, has been working with and giving back to the community by advocating for those living in poverty needing government assistance. The applicant will like to advance a career to work with military communities, but currently remains unable due to the type of discharge received from the military. The applicant has been married for the last eight years with one child in college, and three minors. The applicant still receives treatment for PTSD and TBI. The applicant has never been convicted of any felonies or misdemeanors. The claims that was used in the separation board were all dismissed and dropped due to false accusation and self-defense. Therefore the applicant has a discharge that does not represent the actual facts linked to the civilian case. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnosis of Partner Relational Problem. Post-service, the applicant has a 90% service-connected rating from the VA; 70% for PTSD and 40% for TBI. In summary, although the applicant has a BH diagnosis, it is not mitigating for the misconduct which led to separation from the Army. In a records review conducted in Arlington, VA on 26 February 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 5 March 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 September 2009 (2) Basis for Separation: The applicant was informed of the following reasons: for Assaulting PV2 D.H., by hitting him in the head several times with a bottle on 30 November 2007 Receiving a Company Grade Article 15 for disrespect and false official statements on 5 February 2008; Assaulting Ms. X., by striking her several times in the face with his fist on 22 February 2009; Assaulting SPC X., by grabbing her by the throat and kicking her in the side on 2 March 2009; and As a married Soldier his inappropriate relationship with Specialist M., created the appearance of impropriety and constituted behavior unbecoming as a noncommissioned officer. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF; however, the findings worksheet shows that the board found by a preponderance of the evidence that the respondent (applicant) did commit a serious offense; and that the board recommended in view of the findings that the applicant be separated from military service because of commission of a serious offense; and that he be issued a general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 4 December 2009 / General (Under Honorable Conditions). The separation authority in accordance with AR 635-40, paragraph 4-3(b)(1) and 4-3 (b)(2), found that the disability was not the cause, or substantial contributing cause, of the misconduct and no other circumstances warrant disability processing instead of alternate administrative separation. Therefore he directed continued processing of the administrative separation action. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 August 2007 / 6 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-6 / 42A3P, Human Resources Specialist / 9 years, 4 months, 8 days (This includes the 5 months and 11 days of Active Duty Service the applicant had 19 August 1998 to 29 January 1999, that the DD Form 214 under review does not makes reference too) d. Prior Service / Characterizations: RA, 19 August 1998 to 29 January 1999 / UNC RA, 9 April 2001 to 23 August 2007 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (3 August 2002 to 4 January 2003 and 11 January 2003 to 17 June 2003) and Iraq (4 August 2003 to 27 June 2004 and 4 October 2006 to 15 November 2007). f. Awards and Decorations: ARCOM-3, AAM-2, VUA, AGCM-2, NDSM, ACM-CS, GWOTEM, GWOTSM, ICM-2CS, ASR, OSR-4, CAB g. Performance Ratings: 1 September 2006 to 31 August 2007, Fully Capable 1 September 2007 to 31 March 2008, Among The Best 1 April 2008 to 17 February 2009, Among The Best h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 5 February 2008, for disobedience to a noncommissioned officer (X2) and false official statement (X2). The punishment consisted of forfeiture of $542 pay (suspended), and extra duty for 14 days. Report of Mental Status Evaluation, dated 15 September 2009, shows that the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. There was no diagnoses which might require disposition through medical channels. The mental status of the applicant was clear and he was cleared for administrative action under the stated chapter. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Documents submitted by the applicant show that he has been awarded service connected disability for post-traumatic stress disorder with alcohol and cannabis abuse with traumatic brain injury reported as memory loss and sleep issues (previously rated separately and also claimed as insomnia). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; and documents from the Department of Veterans Affairs, which shows he has been granted 80 percent service connected disability; which includes post-traumatic stress disorder with alcohol and cannabis abuse with traumatic brain injury reported as memory loss and sleep issues (previously rated separately and also claimed as insomnia). 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends he has worked for Alaska Department of Health and Social Services as a case manager and obtained his Bachelor's Degree in Human Services. He has been a productive citizen, in which he has been working with and giving back to the community by advocating for those living in poverty needing government assistance. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to his narrative reason for discharge. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active duty. The applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635- 200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The appropriate RE code is 3. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that he does not believe he should be punished nor restrained for furthering his career with the type of discharge he has received. The applicant contends that he was involved in two IED explosions in 2002 and 2003. During those periods he had made complaints of loss of memory, migraines/headaches, and sleepless nights. He deployed a number of four times in his nine years plus service. He was never treated nor was he forwarded the opportunity for medical treatment. He has been diagnosed with 80 percent service connected disability for TBI, PTSD, Depression, and Sleep Insomnia /Apnea. During his discharge from the Army, he had not been involved in no behavior problems, altercations or run- ins with the law. He has worked for Alaska Department of Health and Social Services as a case manager and obtained his Bachelor's Degree in Human Services. He has been a productive citizen, in which he has been working with and giving back to the community by advocating for those living in poverty needing government assistance. The applicant's post-service accomplishments have been noted as outlined on the application and in the documents with the application and the applicant is to be commended on his accomplishments. It was noted that the applicant has been awarded 80 percent service connected disability; however, the fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. The applicant also contends he has been married for the last eight years with one child in college, and three minors. He still receives treatment for his PTSD and TBI. Also he has never been convicted of any felonies or misdemeanors. The claims that were used against him in his separation board were all dismissed and dropped due to false accusation and self-defense. Therefore he has a discharge that does not represent the actual facts linked to the civilian case. This contentions was noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the claims used against him in his separation board was all dismissed and dropped due to false accusation and self-defense. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted in Arlington, VA on 26 February 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20180009769 1